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This is purely Assault ,is it worth persuing in court
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XSK
#31 Posted : Monday, January 07, 2013 4:30:02 PM
Rank: Veteran

Joined: 12/8/2009
Posts: 975
Location: Nairobi
jjred wrote:
Thanks to all for your contribution.

As I said earlier, the guy was released on bond on that very day and was to appear on court today (Monday the 7nth)We managed to get some money for an advocate to open a file. So they appeared on court in the morning but the case was deferred till tomorrow for luck of enough evident. So the police went to do more investigation
Meanwhile, the guy had gone for treatment and already has a medical report, we are just praying that all goes well.

But he is very confident that the notes given to him were not fake. His friend had an ATM receipt for the notes, he removed them from his pockets, gave them to this guy who folded them and placed them in his wallet yet the fake notes according to him were very straight and note folded.

But as someone had said here, it’s true that there are very many innocent people rotting in jail.


That statement made very little sense previously now it makes a lot of sense.
You will know that you have arrived when money and time are not mutually exclusive "events" in you life!
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tycho
#32 Posted : Monday, January 07, 2013 4:44:53 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
@Elder, I get your point. By mentioning the judge I was looking at the grounds of admissibility.

Thank you for the reminder on the thresholds of evidence. It has clarified my ideas of relations.
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jjred
#33 Posted : Monday, January 07, 2013 5:44:41 PM
Rank: New-farer

Joined: 3/29/2011
Posts: 63
@XSK....its very true,infact,the clark who connected him to the lawyer currently acting on his behalf told him that 3/4 of prisoners are very innocent but for one reason or the other,they find themselves locked in.
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CaptainGG
#34 Posted : Monday, January 07, 2013 6:06:25 PM
Rank: New-farer

Joined: 10/13/2011
Posts: 67
Location: Kenya
@Jired, am almost sure the cops thought your guy would refuse to attend court and forfeit the cash bail which they would have readily shared as they usually do. They now have to look for evidence to prove your guy guilty. I hope you can afford the legal fees coz the case may take long.
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Drunkard
#35 Posted : Monday, January 07, 2013 7:47:39 PM
Rank: User

Joined: 5/3/2011
Posts: 559
I think the wrong person was arrested! It is only in Kenya that things like this happen!
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jjred
#36 Posted : Tuesday, January 08, 2013 10:17:35 AM
Rank: New-farer

Joined: 3/29/2011
Posts: 63
Jesus Christ,the Magistrate is now asking for Ksh.40,000 for the guy to be released.Its so sad
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alma
#37 Posted : Tuesday, January 08, 2013 10:24:58 AM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
jjred wrote:
Jesus Christ,the Magistrate is now asking for Ksh.40,000 for the guy to be released.Its so sad


My friend, heed this advice. The magistrates in Kenya are just as qualified as the Baragoi fake policeman.

Don't believe what the lawyer tells you about an easy case in the magistrates court. If you don't believe me, sit down at that court room and also visit Industrial area. You will come out a changed man.

Find a way to talk to the complainant. Settle it out of court is the best advice I can give you. You may pay him money but it will be less than the cost of the lawyer.

The truth of the matter which lawyers are not going to tell you lest the fail to make the rental payments in

Guilty people have a higher chance of going free than innocent people in a magistrates court.

Don't ever forget, magistrates are usually the worst students in law school. You can compare them to the D+ cops.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
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mawinder
#38 Posted : Tuesday, January 08, 2013 10:42:15 AM
Rank: Elder

Joined: 4/30/2008
Posts: 6,029
alma wrote:
jjred wrote:
Jesus Christ,the Magistrate is now asking for Ksh.40,000 for the guy to be released.Its so sad


My friend, heed this advice. The magistrates in Kenya are just as qualified as the Baragoi fake policeman.

Don't believe what the lawyer tells you about an easy case in the magistrates court. If you don't believe me, sit down at that court room and also visit Industrial area. You will come out a changed man.

Find a way to talk to the complainant. Settle it out of court is the best advice I can give you. You may pay him money but it will be less than the cost of the lawyer.

The truth of the matter which lawyers are not going to tell you lest the fail to make the rental payments in

Guilty people have a higher chance of going free than innocent people in a magistrates court.

Don't ever forget, magistrates are usually the worst students in law school. You can compare them to the D+ cops.

At least he has been given an option of cash bail.@alma the complainant i suppose you are referring to is a mere witness and cannot withdraw the case for the fake currency.About your views on magistrates and lawyers,I disagree.
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alma
#39 Posted : Tuesday, January 08, 2013 10:44:24 AM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
mawinder wrote:

At least he has been given an option of cash bail.@alma the complainant i suppose you are referring to is a mere witness and cannot withdraw the case for the fake currency.About your views on magistrates and lawyers,I disagree.


I'm really hoping that you aren't one of the ones I have mentioned. As twice in this post you have got it wrong.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
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tycho
#40 Posted : Tuesday, January 08, 2013 11:19:08 AM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
Very sad. One has to be very cautious in Kenya. Even when giving a bribe you are walking into a carefully set trap.

'So a strategy may be to go to a witch doctor, make the assailant eat grass. His family will pursue. Make them make a deal with the prosecutor and the magistrate in extension' (speculations of a mad man- please don't follow).
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